1. List AND explain 3 concepts one must learn about Plain View, Open fields, abandonment, and border searches.

2. List AND explain 3 concepts one must learn about Lineups and other means of Pretrial Identification.

3. What is one thing one may find most surprising about Lineups and other means of Pretrial Identification?

4.While on patrol in a neighborhood of student apartment complexes, Fred, a sheriff's deputy, sees illegal drugs through the window of an apartment building. He sees people inside the apartment, and they also see him. He knocks at the door, but the occupants refuse him entry. He forces entry anyway and seizes the drugs. Is the seizure valid? Why or why not?

5. Same facts as question 4, but this time Fred does not see people in the apartment. Can he enter and seize the drugs? Explain fully.

6. Assume you are a border patrol agent assigned to a city located near the Arizona-Mexico border. One day, you see a truck loaded with people who, from your experience, look like they just arrived after crossing the Mexican border, which is located only 20 miles away. (In other words, based on their clothing, hairstyles, and mannerisms, they do not look like U.S. residents.) You stop the vehicle and begin asking questions. However, you cannot get a coherent answer because none of the vehicle's occupants speak English (and you do not speak Spanish). You take the occupants of the vehicle into custody because you suspect, based on the totality of circumstances, that they are illegal immigrants who just crossed the border. Was the arrest valid? Explain.

7. Assume you are a lawyer who has a client against whom a charge for rape has been filed. You are later informed that the police have the DNA results of some epithelial (skin) cells found on the victim's clothes, and this evidence matches your client's DNA, which was obtainedagainst his strenuous objections while he was arrested and held in detention for a few hours in the local jail. The police obtained your client's DNA pursuant to state law, which provides that "all persons arrested for any offense must be subjected to DNA testing." State all possible arguments you can use in court to challenge the case against your client. Given these facts, would you advise your client to plead guilty? Justify your response.

8. A defendant in a rape case (six feet tall, Asian, 170 pounds in weight, and 18 years old) is placed by the police in a traditional police lineup, meaning a simultaneous instead of a sequential lineup. Five other people are in the lineup, all male: a Hispanic who is 40 years old and 5 feet 5 inches in height, another Asian who is 17 years old and 150 pounds in weight, a black male who is 20 years old and 6 feet 2 inches tall, a white person who is 30 years old and 5 feet 7 inches tall, and another white person who is 35 years old, and weighs around 120 pounds. The defendant was identified by the victim in this lineup. Assume you are a lawyer for the defendant. You challenge the lineup composition on appeal, saying it is unfair to your client. Do you think your challenge will succeed? Justify your response.

Answer rating: 100% (QA)

Answer 1 Concepts related to Plain View Open Fields Abandonment and Border Searches Plain View This concept allows law enforcement officers to seize e... View the full answer